Legal Question in Business Law in Georgia

bought a used car last month from a dealership. The engine light came on after I drove it off the lot (1 mile) and returned it. The dealership took it back and "fixed" the problem. A couple of days later, the dealership delivered the car to me, but on their way, the engine light came on again, they returned to the dealership. Then they said they would take it to a Mini Cooper dealership to have them fix it. Days later, they delivered the car to me again, said that they just "called" the mini dealership and they told them what to do to fix it. The engine light came on again, after I signed for the car. Now, a month later, it is back at the dealership that I bought it from since the issue is still not fixed. They said they would take it to an import place to have it fixed. They didn't know what it was and said that they would now take it to the mini dealership. Now, I find out that they in fact have NOT taken it to a mini dealership and that they never called the mini dealership the first time, so the issue was never fixed.

My issue is that this problem was there before I bought the car. They said they fixed it and haven't. They have taken the car back 4 times now in attempt (poorly) to fix the car, or to just shut me up. The have admitted that they didn't know what the problem is and I keep getting the run around. In the past month, the dealership has had the car and driven the car more than I have. The dealership also refuses to send me the service papers that I want to show the work that they did on the car when they had it. Which tells me that they didn't do anything in attempt to fix the car.

Help!


Asked on 5/10/13, 10:33 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You leave out some important details. Do you have a warranty? That is your contract so there is where you find the answers. If you did not, and bought as-is (often clearly stated on the car and docs), the dealer did not have to do anything at all. If you want it fixed, you obviously need to take it to a qualified shop (it does not have to be a dealer). Ask if they are willing to pay a portion. Otherwise, keep dealing with them and hope they fix it. Did you take the car to an independent mechanic before you purchased, as everyone should do for an as-is purchase?

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Answered on 5/10/13, 10:52 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unless you bought the car wioth a warranty, you get it as is, which means the repairs are your problem, not theirs. So it appears they have done more than they were required to (and sadly you made the mistake of not doing an independent inspection before purchase). As is means as is. Since the dealer has done more than they should thank them and keep working with them.

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Answered on 5/10/13, 11:35 am


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